Hampshire &amp; Isle of Wight


<figure class="wp-block-image size-full"><img decoding="async" loading="lazy" width="1500" height="1000" src="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2025/02/Woman-at-desk.jpg" alt="Woman looking thougtful at desk Will and LPA legal documents life tasks admin" class="wp-image-36702" srcset="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2025/02/Woman-at-desk.jpg 1500w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2025/02/Woman-at-desk-800x533.jpg 800w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2025/02/Woman-at-desk-1000x667.jpg 1000w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2025/02/Woman-at-desk-768x512.jpg 768w" sizes="(max-width: 1500px) 100vw, 1500px" /></figure>



<p>It’s not the most cheerful task – and one many people put off. But if you don’t make or update your Will, it could mean your loved ones inherit a lot of problems. In many ways, creating Lasting Power of Attorney (LPAs) is even more important. Without them, your family will face a multitude of legal and administrative hurdles when it comes to settling your future care, finances and family responsibilities if you&#8217;re no longer capable of doing it yourself.</p>



<p>Pretty depressing, huh? While acknowledging that it won’t be the most fun thing you’ll do this year, Patrick Brennan, Senior Associate in the Wills, Trusts, Estates &amp; Succession Planning team at <a href="https://parissmith.co.uk/" target="_blank" rel="noreferrer noopener">Paris Smith</a> explains why making or updating your Will and creating LPAs could be the most important.</p>



<h2 class="wp-block-heading" id="h-don-t-be-a-statistic">Don’t be a statistic</h2>



<p>In her <a href="https://hants.muddystilettos.co.uk/life-2/divorce-advice/" target="_blank" rel="noreferrer noopener">latest article on divorce advice</a>, Danielle Taylor from our Paris Smith Family Team reminded us that January is known as Divorce Month. Not to be outdone in the gloom stakes, it’s my turn to depress you by talking about some more cheery subjects: death and lack of capacity.</p>



<p>How many times have we seen the headline: <em>“Only XX% of people have an up-to-date Will”</em>? While the media are well known to sensationalise statistics, in this case, the alarmist headlines do speak a truth. Studies consistently show that more than half of adults in the UK do not have a Will. If you consider how many of those who have a Will have not updated it for years, or even decades, the proportion of the public who don&#8217;t have a Will that accurately reflects their wishes is worryingly high.</p>



<p>I have a confession. I didn&#8217;t have a Will for quite a few years after qualifying in this area of the law. So, if making a Will is fairly low down your “to do” list, I do empathise. However, in matters of life and death, there really is no time like the present. Time to grasp the nettle and make an appointment to see a solicitor.</p>



<h2 class="wp-block-heading" id="h-what-you-ll-need-to-think-about">What you’ll need to think about</h2>



<p>Your Will doesn’t have to be horrendously complex. For most, all that needs to be considered is: Who will manage the estate after I’m gone [the Executors]. Who will look after the kids if they are still young [the Guardians]. And who should inherit the estate [the Beneficiaries].</p>



<p>I always say to clients that I&#8217;d far rather they had a “£20, one page DIY Will from WHSmiths” than no Will at all. Having said that, it’s often the case that you get what you pay for. The DIY Will might well suffice if everything stays as it is now and there are no “events” (good or bad) that might change the distribution of your estate.</p>



<p>However, any solicitor worth their salt will point out potential difficulties, or “pressure points”, that you might not have thought about. What if so-and-so gets married to someone you cannot stand?&nbsp;What if they divorce? Or have financial difficulties? We raise these points not to be irritating or to try and increase the fees; they’re critical matters that must be considered. And then there’s Inheritance Tax (which the current government appears keen to increase its take on).</p>



<h2 class="wp-block-heading" id="h-putting-you-and-your-family-in-control">Putting you and your family in control</h2>



<figure class="wp-block-image size-full"><img decoding="async" loading="lazy" width="1500" height="1125" src="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2025/02/Laptop-on-desk.jpg" alt="Laptop on desk Will Lasting Power of Attorney legal tasks soliciotor work" class="wp-image-36703" srcset="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2025/02/Laptop-on-desk.jpg 1500w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2025/02/Laptop-on-desk-800x600.jpg 800w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2025/02/Laptop-on-desk-1000x750.jpg 1000w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2025/02/Laptop-on-desk-768x576.jpg 768w" sizes="(max-width: 1500px) 100vw, 1500px" /></figure>



<p>Why do solicitors consistently implore you to make a Will? Often, it’s because of the consequences of not doing so. A person who dies without a Will dies “intestate”. In such circumstances, the Intestacy Rules specify who receives a person’s estate and in what proportions. Many fear their estate passing to “The Crown” if they die without a Will. In reality, there are so many ‘levels’ of relatives who would inherit before The Crown that such an outcome is unlikely.</p>



<p>However, what is a real possibility is someone dying at an unexpectedly young age, leaving a spouse and minor children. In such circumstances, even a relatively moderate estate, potentially including the property, may be split under the terms of the Intestacy Rules between the spouse and the young children – an undesirable outcome that&#8217;s easily avoided by making the simplest of Wills which, for example, states that the entire estate should pass to the spouse, so that they retain control over it.</p>



<h2 class="wp-block-heading" id="h-change-in-circumstances-change-your-will">Change in circumstances? Change your Will</h2>



<p>Perhaps you already have a Will? If so, then excellent.&nbsp; But – when did you last review it? Life events such as marriage, divorce, the birth of children, or inheritances are all important triggers for updating your Will. </p>



<p>I have seen multiple clients whose Wills, made in the mists of time, mention beneficiaries who died in 2004, or an ex-spouse. Or include provision for Guardians for their children who are now adults themselves and perhaps have children of their own. Getting a Will in place is a critical first step, but keeping that Will updated is just as important.</p>



<h2 class="wp-block-heading" id="h-lasting-powers-of-attorney">Lasting Powers of Attorney</h2>



<p>If the proportion of adults in the UK without a Will is high, the number without Lasting Powers of Attorney (LPAs) is larger still. While the Office of the Public Guardian, which manages LPAs (among other things) has seen record numbers of applications to register LPAs in the past few years, the most recent estimate is that nearly 80% of adults (including over 75% of the over-55s) do not have registered LPAs.</p>



<p>An LPA is a legal document allowing an individual or individuals (known as the Attorneys) to make decisions on your behalf while you are still alive but unable to make decisions for yourself, due to a lack of capacity. There are two types of LPAs. One is for financial decisions and the other is for health and care decisions.</p>



<p>Having LPAs allows you to ensure there&#8217;s a structure in place and gives you the peace of mind to know who will step in to manage your affairs if you’re unable to manage them yourself. Without LPAs, the only way to gain authority to manage someone else’s affairs is via an application to the Court of Protection to be appointed as a Deputy.</p>



<h2 class="wp-block-heading" id="h-future-protection">Future protection</h2>



<p>Considering your own mortality is no-one’s idea of fun. However, taking the time now to put in place a well-drafted Will and LPAs could be one of the most important steps you can take this year to protect you and your family’s future.</p>



<p><em>Patrick Brennan is a Senior Associate at </em><a href="http://www.parissmith.co.uk/" target="_blank" rel="noreferrer noopener"><em>Paris Smith</em></a><em>. For advice about Wills, LPAs and other estate planning matters, call 023 8048 2482 or 01962 679777 to speak with a member of the Paris Smith Tax &amp; Estate Planning team.</em></p>


Where there’s a Will – crucial legal tasks you need to tick off now

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